Handling Violations of Competition Laws in Vietnam

Foreign brands are increasingly popular in the Vietnam market as Vietnam economy integrates into world economy.The openings of economy creates opportunities to attract foreign investment into Vietnam through establishment of companies. To continue to protect the fair competition, and interest of consumer, it is important that the Vietnam state authority ensures the business environment. Accordingly, violations related to competition will be handled...

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What Laws Will be Applied for Dispute Settlement by Arbitration in Vietnam?

Under Article 14 of Law on Commercial Arbitration, applicable laws for dispute settlement by arbitration in Vietnam will be Vietnamese if the case involve no foreign element.  If dispute involving foreign invested enterprise, parties need to agree on language.  If parties do not have such language agreement for arbitration, the arbitration council will decide. In particular:  Arbitration Lawyers in Vietnam For a dispute...

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What are Prohibited Acts in Marine Operations in Vietnam?

According to Article 12 of Vietnam Maritime Law, the acts prohibited in marine operations in Vietnam are grouped in activities that negatively impact national security, people, traffic, environment, in particular:  Vietnam international law firm Harm or pose threatened harms to national sovereignty and security. Carry people, goods, baggage, weapons, radioactive substances, hazardous discarded substances and narcotics in contravention...

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Several Noted Points on Law Competition of 2018

Vietnam Law on Competition has been adopted and will be effective on July 1st, 2019. The competition law of 2018 has changed in comparison with the Law on Competition 2004.  Theses changes are fundamental which enterprises should be aware of when entering into Vietnam through M&A activities. Competition lawyer should be consulted for update and development to avoid non-compliance. Competition Lawyers in Vietnam Competition...

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What Type of Works Are Protected by Copyright?

Copyright means rights of an organization or individual to works which such organization or individual created or owns. Copyright shall arise automatically at the moment a work is created and fixed in a certain material form; irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registed. Copyright Consultant in Vietnam According to Article 14 of Vietnam Intellectual...

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What are Requirement on Sending Notices in Arbitration Proceedings in Vietnam?

According to Article 12 of Vietnam Law on Commercial Arbitration, unless otherwise agreed by the parties or provided by the arbitration center’s rules of proceedings, the mode and order of sending notices in arbitral proceedings for dispute are specified as follows: Each party’s written explanations, correspondence papers and other documents shall be sent to the arbitration center or arbitration council in sufficient copies so that every member...

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When Shall Trademark Right is Generated and Established?

Mark is one of subject matters of industrial property rights under Vietnam Intellectual Property Law (Vietnam IP Law).  Mark means any signs used to distinguish goods or services of different organizations or individuals.  Registered trademark protection in Vietnam According to Article 6 of Vietnam IP Law, industrial property rights to mark shall be established on the basis of a decision of the competent State body to grant...

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When Shall Patent Right is Generated and Established?

Invention is one of subject matters of industrial property rights under Vietnam Intellectual Property Law 2005 (Vietnam IP Law), amended in 2009.   Invention means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.   According to Article 6 of Vietnam IP Law, industrial property rights to an invention or patent ownership shall be established...

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When Shall Copyright is Generated and Established?

According to Article 1 of Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property in 2009, amending Article 3 of Law on Intellectual Property in 2005 (Vietnam IP Law), subject matters of copyright include literary, artistic and scientific works. Copyright Consultant in Vietnam Copyright means rights of organizations and individuals to works they have created or own. According to Article 6 of Vietnam IP...

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ANT Lawyers Sharing on Contract Negotiations at EuroCham

A business workshop has been scheduled on Jul 18th, 2018 at EuroCham Vietnam on understanding and negotiating commercial contracts by Thomas Giglione, an ADR, mediation and conflict management training expert at ANT Lawyers. Conflict management training services in Vietnam The objective of the training is to help commercial personnel of the organizations to be aware of basis to understand commercial contracts and contractual...

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What are Regulations on Collection and Use of Personal Information Under Cyber Information Law?

According to Article 17, Law on Cyber Information Security 2015, the collection and use of personal information are regulated as following: Cyber information law firm in Vietnam 1. Organizations and individuals that process personal information shall: a/ Collect personal information only after obtaining the consent of its owners regarding the scope and purpose of collection and use of such information; b/ Use the collected personal...

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What Are Prohibited Acts Under the Law on Cyber Information Security?

The Law on Cyber Information Security has been promulgated in 2015.   According to Article 7, Law on Cyber Information Security, prohibited acts are: Cyber security lawyer in Vietnam -Blocking the transmission of information in cyberspace, or illegally intervening, accessing, harming, deleting, altering, copying or falsifying information in cyberspace. -Illegally affecting or obstructing the normal operation of information...

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What is Venue for Dispute Settlement by Arbitration in Vietnam?

According to Article 11 of Vietnam Law on Commercial Arbitration, the venue for dispute settlement byarbitration in Vietnam is as agreed by parties or decided by arbitration council.  In particular:  Arbitration Lawyers in Vietnam The parties may reach agreement on venues for dispute settlement. If no agreement is made, the arbitration council shall decide on such venue. A venue for dispute settlement may be...

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What are Languages in Arbitration Proceedings in Vietnam?

According to Article 10 of Vietnam Law on Commercial Arbitration, language used in arbitration proceedings resolving dispute is Vietnamese if both parties are Vietnamese or foreign language as agreed by parties if one of the parties is foreign owned enterprise.  In particular: Arbitration Lawyers in Vietnam For disputes involving no foreign element, the language to be used in arbitral proceedings is Vietnamese, except disputes to...

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What Documents Required to File Petition by Arbitration in Vietnam?

According to Article 30 of Vietnam Laws on Commercial Arbitration, petitions and enclosed documents for initiating dispute by arbitration in Vietnam will be submitted as following instructions: Arbitral Award Enforcement Law Firm in Vietnam When a dispute is settled at an arbitration center, the plaintiff shall file a petition at the arbitration center as agreed. When a dispute is settled by ad hoc arbitration, the plaintiff shall make...

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Which Judgement Enforcement Agencies that Enforce Arbitral Awards or Decisions of Arbitration Councils on the Application of Interim Urgent Measures?

Under Article 8 of Vietnam Law on Commercial Arbitration, judgement enforcement agencies for enforcement of arbitral awards or decisions of arbitration councils on the application of interim urgent measures as regulated as following: Arbitral Award Enforcement Law Firm in Vietnam Competent civil judgment enforcement agencies to enforce arbitral awards are civil judgment enforcement agencies of provinces or centrally run cities in which...

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What are Principles of Dispute Settlement in Arbitration?

According to Article 4 of Vietnam Law on Commercial Arbitration, the following principles must be adhered to during dispute settlement in arbitration: Arbitrators must respect the parties’ agreement if such agreement neither breaches prohibitions nor contravenes social ethics. Arbitration Lawyers in Vietnam Arbitrators must be independent, objective and impartial and shall observe law. Disputing parties are equal in their rights...

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When Arbitration Could Settle a Dispute in Vietnam?

When Arbitration Could Settle a Dispute in Vietnam? Under the Law on Commercial Arbitration effective Jan 1st, 2011, and other guidance, in principle, arbitration could only be used in disputes among parties which arise from commercial activities, disputes among parties at least one of whom conducts commercial activities, and other disputes among parties which are stipulated by law to be settled by arbitration in Vietnam. Lawyer should be...

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